Hon’ble Manoj Misra, J.—Heard Sri T. Islam for the applicant, Sri Ajeet Srivastava for the opposite party No. 2 and the learned A.G.A. for the State.

By the present application, the applicant has sought quashing of the order dated 11.1.2013 passed by the Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad in Case No. 1140 of 2011 by which the application dated 15.3.2012, filed by the applicant, under Section 240/259 Cr.P.C., has been rejected. The applicant has further prayed for a direction to the Court below to frame charges against the opposite party No. 2 under Sections 406, 408, 419, 420, 465, 468, 471 I.P.C. as also to proceed with the said case as a warrant’s case.

2. Brief facts giving rise to the present application are that the applicant lodged a First Information Report against Pramod Goyal and others at P.S. Sihani Gate, District Ghaziabad, which was registered as Case Crime No. 188 of 2011, under Sections 408, 420, 465, 468, 470, 471 and 419 I.P.C. The police, thereafter, investigated the matter and submitted charge-sheet only against Pramod Goyal under Section 465 I.P.C. As Section 465 I.P.C. is punishable with a sentence of up to two years, the matte